Nationality and Borders Bill (Eighth sitting) Debate

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Department: Home Office
Bambos Charalambous Portrait Bambos Charalambous
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The hon. Gentleman is absolutely right. Unless safe routes are developed, all that will happen is that there will be an increase in dangerous crossings, because that will be the only way in which people can reach the UK.

Robert Goodwill Portrait Mr Robert Goodwill (Scarborough and Whitby) (Con)
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As we have already discussed, the majority of the people who come to our shores come from France. There is a safe route from France. Is the hon. Gentleman suggesting we should give these people Eurostar tickets?

Bambos Charalambous Portrait Bambos Charalambous
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France takes three times more asylum seekers than the UK, as does Germany. As I mentioned, the UK is 17th by population in the number of asylum seekers it takes. The right hon. Gentleman is being slightly disingenuous. There are many other countries—Lebanon, for instance, has taken 1.9 million refugees from Syria. Jordan has taken 1 million over the last 10 years. Turkey has taken 4.3 million refugees. We are talking about a tiny fraction of those numbers. I think we need to stand up and take our share of the refugees. These countries will collapse if they are forced to take refugees because they neighbour countries where there is conflict.

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Robert Goodwill Portrait Mr Goodwill
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Just for the record, did the hon. Member for Enfield, Southgate just say that the last Labour Government was breaking international law?

Bambos Charalambous Portrait Bambos Charalambous
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Nice try. No, I did not say that.

The clause represents a fundamental change to the principle of refugee protection in the UK, introducing a two-tier system where any refugee reaching the country who has not benefited from a place on a resettlement programme may have their claim deemed inadmissible and be expelled to another country, or eventually granted temporary status with restricted rights to family reunification and financial support.

It is worth pointing out here that the UNHCR, the guardian of the 1951 refugee convention and the 1967 protocol relating to the status of refugees, tells us that the core principle is non-refoulement, which asserts that a refugee should not be returned to a country where they face serious threats to their life or freedom. That is now considered a rule of customary international law. Clause 10 therefore represents the shameful undoing of the commitment to the refugee convention and the British values that led to that commitment in the first place.

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Jonathan Gullis Portrait Jonathan Gullis
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The problem is that we are not the only country looking for safe and legal routes from places such as Afghanistan. The world is struggling to come to a solution, and it is a world solution that we need to agree. I hope we will use our position as leader of the G7 for that going forward. However, there are a lot of refugees in mainland European countries such as Greece, Italy and France, which are perfectly safe and nice countries in which to start a new life, and people should absolutely claim asylum in them rather than making the journey to Calais, where they put funds into the hands of criminal gangs to fund criminality and come over here illegally. Remember that 70% are men aged between 18 and 35, which means that women and children—the most vulnerable groups—are being left behind in those countries.

Ultimately, it is more important that we ensure that they are protected and that we get to them, as we did in Afghanistan, rather than the illegal economic migrants who are crossing the Channel to enter the country illegally and putting a huge strain on our local authorities. That is why the clause saying, “If you come to this country illegally, that will count against you in your application” is a fantastic idea. Again, that is one strand of a wider strategy to help combat the shocking scenes we see in those Channel crossings, which are angering the people I represent in Stoke-on-Trent—and, to be quite frank, the nation.

The Bill is therefore long overdue. The Opposition accept that the asylum system is broken. Given that, I do not understand why what we are trying to do is not the right solution. The only thing I hear from the Opposition is, “We should have more people coming over here,” but that would create more pull factors to encourage people to make that dangerous journey.

Robert Goodwill Portrait Mr Goodwill
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Does my hon. Friend agree that it would be good to follow the model of the Syrian resettlement programme, brought in by David Cameron, in respect of Afghanistan? Indeed, countries such as Canada are considering many more than us, and, because their system is not clogged up with people arriving illegally, they can have much wider scope for the legal settlement schemes.

Jonathan Gullis Portrait Jonathan Gullis
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My right hon. Friend makes a really good point. I go back to His Excellency the High Commissioner for Australia, who made it clear that Australia would not have been able to take the amount of Syrian refugees it did with public support had it not had control of its borders—and, because it did have that control, public support and empathy was massively increased when it came to helping people in desperate situations. Those people deserve to have some of the biggest and best countries around the world holding them dear and giving them a new life in safety and security.

The public are angry because they see an asylum system that is not working. They want to see control of the borders; then, when we have people from Syria and Afghanistan coming over, there would be much more public empathy.

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Tom Pursglove Portrait Tom Pursglove
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I take on board the point that the hon. Gentleman raises. However, as a general principle, I think it is right and proper—as I think all Members of this House would expect—for local authorities to be properly consulted.

Robert Goodwill Portrait Mr Goodwill
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Let me reassure the Minister that when the Afghans came to Scarborough recently, not only was the local authority fully engaged with the process, but the local community was too.

Tom Pursglove Portrait Tom Pursglove
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The interesting thing is that my right hon. Friend’s experience in Yorkshire accords with the experience that I think the local authorities in Northamptonshire, where I am proud to be a constituency MP, have had.

There has been that consultation in relation to the Afghan scheme and the Government’s intentions around delivery of that important work. Although not required to do so by legislation, our accommodation providers consult local authorities on any proposals to use accommodation that has not previously been used to house supported asylum seekers. But it is not realistic to assume that that consultation will always result in agreement.

Amendment 103 is unnecessary because asylum seekers with children will not be placed in accommodation centres at any stage of the asylum process and unaccompanied children are supported by local authorities under different arrangements. Both groups of children will therefore be educated under normal arrangements in the same way as a British child. As we are not proposing to use the power in section 36 of the Nationality, Immigration and Asylum Act 2002, there is no need to amend it.

Amendment 104 is unnecessary also. Individuals supported in accommodation centres will be expected to live at the centre as a condition of their support and be subject to a range of other conditions attached to the provision of their support that are set out in writing—for example, that they respect other residents and do not commit antisocial behaviour. This is already part of the normal process and applies whatever accommodation is provided to supported asylum seekers.

Those accommodated in the centres will also be able to receive visitors, to use communications equipment such as telephones or computers and to leave the site for personal reasons or because they have found alternative accommodation. I hope that that gives the hon. Member for Sheffield Central the reassurance that he sought. It builds on the earlier point that I made about the fact that people would be able to leave if that was what they wanted to do.

There is already a complaints procedure administered by Migrant Help, a voluntary sector organisation that also provides advice on individuals’ entitlements and how the immigration system works. Asylum seekers and failed asylum seekers are currently issued with written information about their bail conditions. They are also issued with an asylum registration card, which is used for identification purposes.

Amendment 160 is also unnecessary. Sections 40 to 42 of the 2002 Act already prevent the Government from making arrangements for the provision of accommodation centres in Scotland, Northern Ireland and Wales, unless they have consulted Ministers in the devolved Administrations. That consultation would include discussion of any financial or other impacts of introducing accommodation centres.

There are a few points that I have picked up in my main remarks but about which I want to say a few words in response to the questions that were put. In relation to Napier specifically, there have been extensive improvements to Napier since the High Court judgment. For example, all residents are offered a covid vaccination. Free travel is in place for them to get to medical appointments. There is a commitment to the availability of sports and recreation. A programme of works to improve the infrastructure is under way; that is along with weekly meetings to identify and act on any concerns that arise. Again, it is important to be responsive to issues that arise and to ensure that improvements are put in place. What I have referred to demonstrates that some of the issues that were raised previously have been taken very seriously and improvements have been made.

The judgment on Napier was reached on the basis of the conditions on the site prior to the significant improvement works that have taken place. The High Court did not make any findings that accommodation centres were not suitable for providing support.

Generally speaking, in the course of the debate on clause 11, we have talked about the difference that we hope accommodation centres will provide. I just want to restate the policy, which is to increase accommodation capacity, to try to get away from using hotels, which has been very, very challenging—I think everybody would accept that—and to achieve casework efficiency, for the reasons that I have previously set out. We think that co-locating services will be helpful in that regard, to try to process cases more quickly and try to give people the certainty that they are seeking. That is particularly beneficial to genuine refugees. Our policy is grounded in that basis.

A question was also asked about conditions in hotels and full-board centres. Full support is provided to meet essential needs, which includes food, toiletries and the means to communicate. Also, asylum seekers in full-board accommodation have access to legal aid, which pays for reasonable travel costs to see their solicitors.